NANAKULI — A woman accused of killing a squawking peacock with a baseball bat at the Makaha Valley Towers on May 17 demanded a jury trial yesterday at her arraignment in Wai'anae District Court.

Sandra Maloney, 68, who is charged with second-degree misdemeanor cruelty to animals, did not appear in court, but was represented by attorney Randy Oyama.

Oyama told District Judge Paula Devens that his client waived her right to be present, pleads not guilty and demanded a jury trial. Devens granted the request and sent the case to Circuit Court for arraignment. That court date will be scheduled later.

Maloney has publicly acknowledged that she killed the bird, in remarks to a TV news crew and to police. She said she was sleep-deprived by the incessant loud mating calls of wild peacocks, which have lived in the valley — site of the high-rise condominium — since the 1800s.

She said she has asked authorities to reduce the wild peacock population near the towers, but had been unsuccessful in her attempts.

LAW IS 'VAGUE'

If convicted, Maloney faces up to one year in jail and a $2,000 fine.

Before the hearing, Honolulu Prosecutor Peter Carlisle reiterated that his office plans to pursue the case vigorously.

"Clearly, taking a baseball bat to a peacock is not something that is tolerated by the law," Carlisle said. "... It's our statutory obligation to pursue the crime."

Oyama said the animal-cruelty law is "vague" and does not extend protection to vermin, pests and insects.

"The statute basically defines animals as anything that's living other than a human being," he said. "It doesn't give too much guidance as to what is considered a pest."

Some tenants at Makaha Valley Towers have tried to get the homeowners' association to do something about the growing peacock population but have been frustrated in their efforts, Oyama said.

RESIDENTS UPSET

Friends and supporters of Maloney who attended an earlier court hearing characterized her as a caring person driven to despair by lack of sleep. They said other tenants have complained about the peacock noise.

But yesterday, Makaha Valley Towers tenant Jonami San said she represented about 75 other residents of the condominium who are upset by the killing of the peacock.

"I've never met the woman," San said. "But there's no excuse for going up, getting a metal bat and beating a peacock to death. It's horrendous."

Asked why Maloney chose to not appear in court yesterday, Oyama said she is a private person who has never before been charged with a crime.

"This is very, I guess, overwhelming for her, with all the press and everything this case has received," Oyama said.